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(영문) 대법원 2014.02.27 2013도16427
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the lower court maintained the first instance court’s judgment convicting of the instant facts charged.

The argument in the grounds of appeal pointing out mistake of facts and violation of law is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, and the judgment of the court of first instance and the court of appeal are not erroneous in violation of the principle of free evaluation of evidence

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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